(1) A relevant service provider is
not criminally or civilly liable for using a restrictive practice during the
transitional period in relation to an adult with an intellectual or cognitive
disability if—
(a) the relevant service provider acts honestly and without
negligence; and
(b) use of the restrictive practice is—
(i) necessary to
prevent the adult’s behaviour causing harm to the adult or others; and
(ii)
the least restrictive way of ensuring the safety of the adult or others; and
(c) either—
(i) if there is an authorised guardian for the adult in relation
to the restrictive practice—the restrictive practice is used in compliance
with the consent of the authorised guardian; or
(d) the relevant
service provider carries out monitoring in relation to use of the restrictive
practice to ensure the safety of the adult; and
(e) for containment or
seclusion—within 60 days after first containing or secluding the adult on or
after the commencement, the relevant service provider gives notice to the
chief executive in the approved form of the containment or seclusion of the
adult; and
(f) from the first day after the end of the compliance period
until the last day of the transitional period—the relevant service provider
keeps and implements a policy about use of the restrictive practice during the
transitional period that is consistent with the department’s policy about
use of the restrictive practice mentioned in section 258.
(2) Subsection
(1)(b) to (d) does not apply if the restrictive practice is chemical restraint
(fixed dose) used in the course of providing respite services to the adult.
